Florida Senate - 2013 SB 418 By Senator Detert 28-00501-13 2013418__ 1 A bill to be entitled 2 An act relating to insurance; amending s. 627.421, 3 F.S.; authorizing the posting of specified types of 4 insurance policies and endorsements on an insurer’s 5 Internet website in lieu of mailing or delivery to the 6 insured if the insurer complies with certain 7 conditions; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 627.421, Florida Statutes, is amended to 12 read: 13 627.421 Delivery of policy.— 14 (1) Subject to the insurer’s requirement as to payment of 15 premium, every policy shall be mailed or delivered to the 16 insured or to the person entitled thereto not later than 60 days 17 after the effectuation of coverage. 18 (2) In the event the original policy is delivered or is so 19 required to be delivered to or for deposit with any vendor, 20 mortgagee, or pledgee of any motor vehicle, and in which policy 21 any interest of the vendee, mortgagor, or pledgor in or with 22 reference to such vehicle is insured, a duplicate of such policy 23 setting forth the name and address of the insurer, insurance 24 classification of vehicle, type of coverage, limits of 25 liability, premiums for the respective coverages, and duration 26 of the policy, or memorandum thereof containing the same such 27 information, shall be delivered by the vendor, mortgagee, or 28 pledgee to each such vendee, mortgagor, or pledgor named in the 29 policy or coming within the group of persons designated in the 30 policy to be so included. If the policy does not provide 31 coverage of legal liability for injury to persons or damage to 32 the property of third parties, a statement of such fact shall be 33 printed, written, or stamped conspicuously on the face of such 34 duplicate policy or memorandum. This subsection does not apply 35 to inland marine floater policies. 36 (3) Any automobile liability or physical damage policy 37 shall contain on the front page a summary of major coverages, 38 conditions, exclusions, and limitations contained in that 39 policy. Any such summary shall state that the issued policy 40 should be referred to for the actual contractual governing 41 provisions. The company may, in lieu of the summary, provide a 42 readable policy. 43 (4) Notwithstanding subsections (1) and (2), commercial 44 motor vehicle or personal lines property and casualty insurance 45 policies and endorsements that do not contain personally 46 identifiable information may be mailed, delivered, or posted on 47 the insurer’s Internet website. If the insurer elects to post 48 insurance policies and endorsements on its Internet website in 49 lieu of mailing or delivery to insureds, the insurer must comply 50 with the following: 51 (a) Each policy and endorsement must be easily accessible 52 for as long as the policy and endorsement remains in force. 53 (b) The insurer must archive all of its expired policies 54 and endorsements and make any expired policy and endorsement 55 available upon an insured’s request for at least 5 years after 56 expiration of the policy and endorsement. 57 (c) Each policy and endorsement must be posted in a manner 58 that enables the insured to print and save the policy and 59 endorsement using a program or application that is widely 60 available on the Internet without charge. 61 (d) When the insurer issues an initial policy form or any 62 renewal form, the insurer must notify the insured, in the manner 63 the insurer customarily uses to communicate with insureds, that 64 the insured has the right to request and obtain without charge a 65 paper or electronic copy of the insured’s policy and 66 endorsements. 67 (e) On each declarations page issued to the insured, the 68 insurer must clearly identify the exact policy form and 69 endorsement form purchased by the insured. 70 (f) If the insurer changes any policy form or endorsement, 71 the insurer must notify the insured, in the manner the insurer 72 customarily uses to communicate with insureds, that the insured 73 has the right to request and obtain without charge a paper or 74 electronic copy of such form or endorsement. 75 Section 2. This act shall take effect July 1, 2013.